What does res judicata mean?
Judged traffic is a legal term used to indicate that a court decision can no longer be challenged or modified. When a final judgment, it means that there is no more possibility of resources or revisions, becoming definitive and irrevocable.
How does the res judicata occur?
res judicata occurs when all parties involved in a judicial process exhaust all possibilities of appeals. This means that all judicial instances have been traveled and there are no more resources available to contest the decision.
Usually, the final judgment occurs after the final judgment, which may be the Federal Supreme Court (STF) or the Superior Court of Justice (STJ), depending on the case. After the final judgment, the parties have a deadline to submit appeals, and if they do not do so, the decision becomes final.
What are the consequences of res judicata?
When a decision is final, it becomes definitive and irrevocable. This means that the parties involved must fully comply with what was determined by the court, and there is no more possibility of modification or contestation.
In addition, res judicata also prevents the reopening of the process or the presentation of new evidence. The final decision has already been made and can no longer be changed, ensuring the legal certainty and stability of social relations.
Example of res judicata:
A practical example of res judicata is when a person is convicted criminally and all possible appeals are exhausted. In this case, the sentence is final and the person must serve the sentence determined by the court, without possibility of revision.
- First item on the list
- Second item on the list
- Third item on the list
| João | 30 years |
| Maria | 25 years |